Huddleston v. Askey
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before the Hon. L. B. Strange. This action was brought by Henry J. Askey, against John W. Huddleston and Charles Boyd, and was commenced on the 26th August, 1868. The complaint contained a count on an account stated, and smother for the price of goods sold and delivered. The defendants pleaded, “ in short by consent,” the general issue and set-off; and issue was joined on these pleas.
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Appeal from the Circuit Court of Macon. Tried before the Hon. L. B. Strange. This action was brought by Henry J. Askey, against John W. Huddleston and Charles Boyd, and was commenced on the 26th August, 1868. The complaint contained a count on an account stated, and smother for the price of goods sold and delivered. The defendants pleaded, “ in short by consent,” the general issue and set-off; and issue was joined on these pleas. On the trial, as the bill of exceptions states, the defendants offered in evidence, under the plea of set-off, two promissory notes, executed by the plaintiff, and…
1Opinion of the CourtBbickell, C. J.
The present statute of set-off materially varies from the former (as found in Clay’s Dig. 338, § 141), in the enlargement of the demands, the subject of set-off, more than in any other respect. The legal title, prior to the Code, was as necessary to support a plea of set-off, as it was to support an action at law. Now, the party interested, having the exclusive equitable right to a contract for the payment of money, may sue thereon, or may plead it as a set-off ; and unliquidated demands, not sounding in damages only, which, when the facts are shown, the law measures accurately by a pecuniary…
2Cases cited5 opinions
- Duramus v. HarrisonSupreme Court of Alabama · 1855
- Carson v. BarnesSupreme Court of Alabama · 1840
- Jones & Co. v. JonesSupreme Court of Alabama · 1847
- Winston v. MetcalfSupreme Court of Alabama · 1844
- Mitchell v. BurtSupreme Court of Alabama · 1846
3Cited by8 opinions
- Harrington v. State Ex Rel. Van HayesSupreme Court of Alabama · 1917
- Lewis v. StateCourt of Criminal Appeals of Texas · 1910
- Wilson v. Exchange BankSupreme Court of Georgia · 1905
- People's Auto Co. v. StateAlabama Court of Appeals · 1928
- Craft v. CraftSupreme Court of Alabama · 1923
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